If I pay MORE per month than my lease states I'm to pay, is that illegal?

Question

My apartment complex is horrible. Here's a little background: I've been living here for almost a year, and in that time everything's broke at least once. Most recently my refridgerator went out (TWICE)...and I lost about $40 worth of food...which may not sound like a lot, but I'm really really struggling w/money right now. I asked them to reimburse me...but they refused. My rent is due by the 5th, and it states in my lease that you have until the 12th to pay (w/a 10% fee) before they turn you over to collections. Again, I'm struggling with money right now...so on the 12th i dropped off my money order (w/the 10% fee)...I was told that I had to have it in BY the 12th---meaning 5:00pm on the 11th!!! SO...I quickly went home & double checked my lease.

That's when I noticed, that it states I owe $750/month. However, I pay $765/month (because I was told there's a $15 fee for my cat). It does not state the $765/Month ANYWHERE in my lease...is this legal? Is there anything I can do...??

Oh...and also, I'm supposed to pay $120 extra for the "collection fee" since I dropped my rent off on the 12th..EVEN THOUGH it says "by the 12th" in my lease...I realize I was late, that's why I paid my late fee....It just doesn't seem right to kick me while I'm down!!!

I don't suppose there's any way around that is there?

Answer 1

"By the 12th" is vague wording, if they wanted on the 11th, they should have said "before the 12th" or, more specifically, "by close of business on the 11th of each month."

Also, you pay rent with the expecatation that your landlord provides working appliances, plumbing, heat, etc. If the fridge was not fixed properly in a timely manner, you should be able to prorate your rent for that month, deducting for days when the appliance was not working. Check out the "landlord - tenant law" for your state, it will tell you what rights you have.

Also, if you feel you have a legitimate claim against your landlord, you are (in many places) able to set up an escrow account to which you pay your rent instead of your landlord, and the money is held until the dispute is resolved. You may not have the grounds to do this (plus you would probably need to get a lawyer) but it's worth knowing about to hold over their heads.
For now, just point out the fact that the pet fee isn't even in the lease, the wording on the late fee is shakey enough that it probably would not hold up in court, but you are willing to check with a lawyer,if he insists, and that, while your there, you will be asking about this thing called the landlord/tenant law...
I bet he'll be willing to accept your late payment then!
And start documenting, in writing, everything that breaks, the date, how long it takes to fix, how many times you had to call, etc. and any other shadey dealings with the lease. Have every agreement you make with them in writing and make them either sign it, or call them and have them verbally acknowledge that they recieved your letter/email, too (and write down that you did so).

Answer 2

BY the 12th means exactly that,it has to be in prior to the 12 th of the month.The wording is probably meant to confuse you so they can collect more money from you.I agree it should have been more clear such as BEFORE the 12th.
I'm not sure if they have to include the fee for the cat in the lease as people are always getting and giving up pets,but I would think they should have had you sign something that you were agreeing to pay the extra fee,like an additional item to the lease.
I know in my lease it states that the landlord isn't responsible for loses,such as the case would be with the broken refrig,if that is in there,they don't have to reimburse you for the food you lost,not fair,but thats how they usually work.
Landlords can be a real pain,I have been fortunate to have had to deal with only one bad one so far,and that was at an apartment complex also.

Answer 3

I would call your clerk of courts and ask them for the number to a person that assists people with landlord dissputes. They will be able to tell you what to do and they may be able to get you your $ for the food that was ruined. So did your lease say what they said it said re the money being due by close of business on the 11th? I can't believe you pay that much for a dump. In FL it was high like that too for evena basic ghetto apt in some places but I moved to NC and have 2/1 house for $500 in a nice area. I feel your pain and hope that all goes well for you. Call them asap.

Answer 4

It really depends on what State you live in and the laws dealing with Renters/Lessee rights and such. Honestly, it sounds like a lot of "Grey area" issues and they may very well have over stepped themselves and "bruised
some of your rights, but it will most likely cost more to seek justice than the amount you are out already. I would suggest finding a better place to live and go in with your eyes wide open. Check your States laws concerning your rights as a renter and go over EVERYTHING printed on a lease agreement before signing. Get help on any areas that you don't clearly understand. Take pictures before moving in and after moving out for your own evidence in case something comes up that needs physical proof.

Answer 5

you've got him sign however you opt for for, in spite of the incontrovertible fact that this is not enforceable. Roomates won't be able to kick one yet another out, however if or no longer they are secure on the lease. purely the owner can evict. you could desire to call your landlord, tell him what's going on, and spot if he will evict your roomate. comprehend that he can evict you, too, for violating the lease by way of shifting somebody else onto HIS sources. you could grant to pay for the cost of the eviction, for starters, to objective to avert this. in case you barr your roomate get entry to to the valuables in any way, you would be sued. the 2d you conventional money from him (or 14 days exceeded), he grew to grow to be a tenant, albeit illegally, and additionally you could no longer stress him out by way of the different ability than eviction in the time of the courtroom. for this reason you in no way enable somebody to pass in with you devoid of the owner's permission and/or including them to the lease- on account which you have 0 recourse while they default.

Answer 6

did you pay your rent or did a collections agency collect it. the landlord has to incur the expense for you to owe it.. the landlord screwed himself by not calling it late payment fee. he is just trying to scam you for an extra hundred and twenty bucks...he gets his money every month so you won't be asked to leave or evicted.